Navigating employee leave entitlements in New Zealand requires a clear understanding of the country's robust employment legislation. Employers are legally obligated to provide various types of leave, ensuring employees have time off for rest, illness, family responsibilities, and other significant life events. These entitlements are primarily governed by the Holidays Act 2003 and the Parental Leave and Employment Protection Act 1987, setting minimum standards that all employers must meet.
Understanding and correctly administering these leave types is crucial for compliance and maintaining positive employee relations. This guide outlines the key leave entitlements applicable in New Zealand for 2025, covering annual leave, public holidays, sick leave, parental leave, and other common forms of leave.
Annual Vacation Leave
Employees in New Zealand are entitled to a minimum of four weeks of paid annual leave per year. This entitlement accrues over the first 12 months of continuous employment with the same employer. Once an employee has completed 12 months of service, they become entitled to their first four weeks of annual leave.
- Entitlement: 4 weeks paid annual leave per 12-month period.
- Accrual: Entitlement is gained after completing 12 months of continuous employment. After the first 12 months, the entitlement is renewed annually on the employee's anniversary date.
- Taking Leave: Leave should ideally be taken at a time agreed upon by both the employer and employee. If agreement cannot be reached, the employer can require an employee to take leave with at least 14 days' notice, provided the request is reasonable.
- Payment: Annual leave is paid at the rate of the employee's ordinary weekly pay or average weekly earnings over the previous 12 months, whichever is higher.
- Termination: Upon termination of employment, any untaken accrued annual leave entitlement must be paid out to the employee.
Public Holidays
New Zealand observes 11 national public holidays each year. Employees are generally entitled to a paid day off on a public holiday if it falls on a day they would otherwise work.
- Entitlement: Paid day off if the public holiday falls on an 'otherwise working day'.
- Working on a Public Holiday: If an employee works on a public holiday that is an 'otherwise working day', they must be paid at least time and a half for the hours worked and be given an alternative paid day off (a 'day in lieu').
- Mondayisation: Some public holidays are 'Mondayised' if they fall on a weekend. This means the public holiday is observed on the following Monday (or Tuesday if the holiday is on a Sunday and the following Monday is also a public holiday). This applies to Christmas Day, Boxing Day, New Year's Day, and 2 January.
Here are the national public holidays for 2025:
| Holiday | Date | Day of Week |
|---|---|---|
| New Year's Day | 1 January | Wednesday |
| Day after New Year | 2 January | Thursday |
| Waitangi Day | 6 February | Thursday |
| Good Friday | 18 April | Friday |
| Easter Monday | 21 April | Monday |
| ANZAC Day | 25 April | Friday |
| King's Birthday | 2 June | Monday |
| Matariki | 20 June | Friday |
| Labour Day | 27 October | Monday |
| Christmas Day | 25 December | Thursday |
| Boxing Day | 26 December | Friday |
Note: Regional anniversary days are also public holidays, observed on different dates depending on the region.
Sick Leave
Employees are entitled to paid sick leave to care for themselves or a dependent (spouse or partner, child, parent, or someone who depends on the employee for care).
- Entitlement: 10 days of paid sick leave per year.
- Eligibility: Employees become eligible for sick leave after completing 6 months of continuous employment with the same employer.
- Accrual: The 10-day entitlement is renewed annually on the employee's anniversary date. Unused sick leave can be carried over, up to a maximum of 20 days total accrued sick leave entitlement at any one time.
- Payment: Sick leave is paid at the employee's relevant daily pay or average daily pay.
- Proof of Sickness: An employer can ask for proof of sickness or injury (e.g., a medical certificate) if the employee is sick for three or more consecutive calendar days. The employer must pay for the cost of obtaining the proof if they require it within the first three days of absence.
Parental Leave
Parental leave in New Zealand allows employees to take time off work to care for a new child. It includes primary carer leave (for the birth mother or primary carer), partner's leave, and extended leave.
- Primary Carer Leave: Eligible employees can take up to 26 weeks of paid primary carer leave. This leave is paid by the government (through Inland Revenue) if the employee meets eligibility criteria based on their work history.
- Partner's Leave: An employee whose partner is having a baby or adopting a child may be entitled to one or two weeks of unpaid partner's leave. The length depends on the employee's length of service.
- Extended Leave: Eligible employees can take up to 52 weeks of unpaid extended leave. This is in addition to primary carer leave and partner's leave, allowing a total period of absence of up to 52 weeks (or more in some circumstances, like multiple births).
- Eligibility: Eligibility for parental leave entitlements depends on the employee's length of service with their employer (either 6 or 12 months of continuous service for a certain number of hours per week).
- Returning to Work: Employees have the right to return to their job after parental leave, or to a similar position if their original role is no longer available.
Other Types of Leave
New Zealand legislation and common practice recognise several other types of leave:
- Bereavement Leave: Employees are entitled to paid bereavement leave following the death of a family member. The entitlement is 3 days for the death of a spouse or partner, child, parent, sibling, grandparent, grandchild, or the spouse or partner of a child. Employees are entitled to 1 day for the death of other people if the employer accepts the employee has suffered a bereavement. Eligibility requires 6 months of continuous service.
- Jury Service: Employees summoned for jury service are entitled to time off work. While the court pays a small attendance fee, employers are not legally required to pay employees while they are on jury service, although some may choose to do so.
- Study Leave: There is no statutory entitlement to study leave. Any provision for study leave is typically outlined in an employee's employment agreement or company policy.
- Sabbatical Leave: Similar to study leave, sabbatical leave is not a statutory entitlement. It is usually a negotiated benefit for long-serving employees, often outlined in individual employment agreements.
Managing these diverse leave entitlements accurately and compliantly is essential for any employer operating in New Zealand.
